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IP Value 2013 - Building and enforcing intellectual property value
A slowly turning tide
Investors are beginning to see that there is real potential in intellectual property. And although company boards of all sizes may still struggle to appreciate this fact, such a state of affairs cannot continue forever.
How IP issues are becoming more important to listed companies
NYSE Euronext® is a leading operator of
financial markets in Europe and the United
States and a provider of comprehensive trading
technologies. The company’s exchanges trade
equities, futures, options, fixed-income and
exchange-traded products.
Legal perspectives: Cross border
Patent protection for new uses of known drugs
“The most effective way to move from target
identification to the clinic is to identify already
approved drugs with the potential for activating
or inhibiting unintended targets.”
(S Dakshanamurthy et al, J Med Chem, 2012,
55(15), pp6832–6848.)
The competition/IP law nexus in Europe
The nexus between IP and competition law has
become the focus of attention in Europe in
recent months. In particular, in patent cases
antitrust issues and competition law have
become an important part of litigation and
litigation strategy. As the guardian of free
competition, the European Commission appears
willing to take an increasing role in this
context.
Key considerations in transnational patent litigation
Extortion or blackmail is a criminal act which
is prosecuted in most countries. However, if an
extortioner stays within the legal framework of
specific acts, he or she can manipulate a
competitor or assets owner into waiving
potential claims and/or assets – and
prosecutors are unlikely to take notice.
Moving ever closer to the unitary patent
The chapter “A unitary patent: not if, but
when” in IP Value 2012 considered the state of
play concerning the proposed European unitary
patent and concluded that it was just a matter
of time before the final loose ends were
brought together.
Naked licensing
The concept of ‘naked licensing’ can have an
major impact on proprietary rights in a licensed
trademark and the consequences can include
the abandonment or relinquishment of rights
and ineffective enforcement.
Legal perspectives: North America
Modernisation and flux
Canada’s IP regime is in a time of flux. For several
years Canada has been party to trade negotiations
with various other jurisdictions in which
intellectual property factors heavily.
The impact of Mayo v Prometheus
On March 20 2012 the US Supreme Court
issued a surprisingly unanimous decision in
Mayo Collaborative Services v Prometheus
Laboratories, Inc, holding that method claims
that involved administering a drug to a patient
and determining the therapeutic effects were
not patentable subject matter.
Controlling costs in patent litigation
Whether you are a patent owner who needs to
stop an infringing competitor in order to
protect your market position or a start-up
company that is being threatened with a patent
infringement lawsuit, the costs of patent
litigation can escalate quickly and overwhelm
the business reasons underlying the suit.
Legal perspectives: Latin America & Caribbean
Caribbean intellectual property in a nutshell
Many years ago, an international filing meant
filing IP rights before the local industrial
property registry of each country.
Pharmaceutical companies score another victory as Pfizer loses appeal
In 2009 Jamaican pharmaceutical companies
Medimpex Jamaica Limited and Lasco
Distributors Limited won a patent
infringement battle over amlodipine besylate
(also known as salts of amlodipine), in a case
initiated by Pfizer Limited in 2002.
Recent developments in clinical data exclusivity
Mexico, along with the United States and
Canada, was one of the first countries to sign
data protection provisions in a free trade
agreement.
New Organic Labour Law initiates changes to IP legislation
The concept of copyright provides protection
to creators of original and innovative works.
Other related rights also stimulate and
encourage creators – whether by acclaim or
financial reward – leading to an environment
which promotes culture, knowledge and
entertainment throughout the world.
Legal perspectives: Europe, Middle East & Africa
Improving legal certainty in patent cases
It is not enough to have a strong patent
granted; it is also important to be able to
enforce the patent in an efficient and
predictable manner.
Investigative seizures and preliminary injunctions: a winning team
When faced with infringement, most patent
holders would like to obtain an effective
injunction as fast as possible – preferably the
next day.
Digital data products: no end to patent piracy
In the late 1880s the German chemical
industry raised concerns about patent piracy
by competitors, which were implementing
production processes patented in Germany for
chemicals in countries without patent
protection (eg, Switzerland) and importing
products created by such patented processes
into Germany.
Trademark law finally falls into line with European IP legislation
On April 11 2012 the government passed the
long-awaited Trademark Law (4072/2012),
which abolishes its outdated predecessor
(2239/1994).
Examining enforcement strategies
Enforcement programmes can be extremely
expensive. In order to allocate available resources
effectively, it is imperative to prioritise
infringement targets, since taking action against
all infringement is near impossible.
Chairs, chocolate and challenging decisions: an overview of IP case law
In the wake of a Supreme Court judgment of
June 27 2012, creative industrial design and
distinct applied arts will enjoy a broader scope
of protection in Norway.
Securing claims through civil proceedings
Examining a civil law case requires time for
explanations and decisions. During the course
of the examination of a case by a court, changes
can often occur in the parties’ procedural
situation which renders the court judgment
unenforceable or can prevent it from having
intended legal consequences.
SPCs for medicinal and plant protection products: new considerations
When Romania joined the European Union on
January 1 2007, new regulations regarding
industrial property protection came into force.
The evolution of IP law: new trends and challenges
In Spain, only commercial courts can hear cases
related to industrial or intellectual property
and unfair competition. There are commercial
courts seated in every capital city of Spain’s 52
provinces.
Keeping up with IP developments
During the past year Sweden signed the
controversial Anti-counterfeiting Trade
Agreement (ACTA), only to see it struck down by
the European Parliament.
Further protection and enforcement of IP rights
Despite the economic problems in neighbouring
Europe, Turkey had the second-fastest growing
economy of all the major G20 economies, with
an increase of 8.5% in 2011 on top of a 9%
increase in 2010.
Selected IP highlights for 2012 in the United Kingdom
The United Kingdom saw a number of significant
developments in IP law during 2012. This chapter
looks at some highlights that may be of general
interest.
Legal perspectives: Asia-Pacific
Standing equal on the global IP stage?
The Intellectual Property Laws Amendment
(Raising the Bar) Act 2011 was passed in late
February 2012, increasing patentability
standards in Australia and aligning them more
closely with legal tests in Europe and the
United States.
Spotlight on IP rights protection and enforcement
China showed no signs of slowing down when it
came to the protection and enforcement of
intellectual property during the past year.
Welcoming in the new royalty regime
On June 21 2012 the Copyright Amendment
Act 2012 came into force, making the most
significant changes to Indian copyright law
since the introduction of the Copyright Act
1957. Although the law has been amended
since 1957 (most notably in 1994), the new
act constitutes a fundamental shift in
copyright legislation.
Can watching YouTube be the basis for arrest under the Copyright Act?
On June 20 2012 the Diet passed a bill to
amend the Copyright Act containing a
provision on penalising illegal downloading.
Somewhat surprisingly, this bill was passed
quickly without substantive discussion,
despite its controversial content.
Recent developments in licensing laws and their impact on IP owners
This chapter examines recent developments in
licensing laws and their potential impact on
businesses and IP rights owners and licensees
in the context of trademark law.
